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STOVE, FURNACE v. WEYERHAEUSER

November 10, 1986

STOVE, FURNACE AND ALLIED APPLIANCE WORKERS' INTERNATIONAL UNION, LOCAL 185, AFL-CIO, PLAINTIFF,
v.
WEYERHAEUSER PAPER COMPANY, DEFENDANT.



The opinion of the court was delivered by: Stiehl, District Judge:

MEMORANDUM AND ORDER

Plaintiff, Stove, Furnace and Allied Appliance Workers' International Union, Local 185, AFL-CIO (Union), filed a Petition for a Temporary Restraining Order and Injunctive Relief in state court to adjoin and restrain defendant, Weyerhaeuser Paper Company (Weyerhaeuser), from implementing its alcohol and drug testing plan at its Belleville, Illinois plant until a pending arbitration proceeding had been completed. After a TRO was issued by state court, the matter was removed to this Court by Weyerhaeuser under 28 U.S.C. § 1331 and 1441.

Union contends that adoption by Weyerhaeuser of the alcohol and drug awareness program is a violation of the parties collective bargaining agreement, and that its members will be irreparably harmed if this Court does not issue its preliminary injunction enjoining and restraining Weyerhaeuser from implementing its alcohol and drug awareness policy pending final arbitration. Union concedes that it has an adequate remedy through arbitration if one of its members is suspended or fired, but contends that the testing required by the policy under certain circumstances would constitute an "invasion of privacy," and could result in a "black mark" on the personnel records of its members, and that for these harms there is no adequate remedy.

FINDINGS OF FACT

Union is a voluntary unincorporated association recognized by the National Labor Relations Board as the exclusive bargaining representative of certain hourly employees at Weyerhaeuser's Belleville, Illinois Shipping Container Plant. Weyerhaeuser is a corporation having its principal place of business at Tacoma, Washington. Union and Weyerhaeuser entered into a collective bargaining agreement dated June 20, 1986 for the employment of Union's members at Weyerhaeuser's Belleville plant.

Weyerhaeuser is an employer engaged in commerce, and the Union represents employees engaged in commerce, all within the meaning of the National Labor Relations Act, 29 U.S.C. § 152(2), (3), (6) and (7).

The parties collective bargaining agreement of June 20, 1986, contains a provision for the resolution of grievances consisting of three in-plant steps, and culminating in binding arbitration as a fourth and final step.

In January, 1986, Weyerhaeuser advised Union that it intended to formulate and adopt an "alcohol and drug awareness program," and that on a number of occasions over the ensuing eight months invited Union to designate two of its members to serve on the committee formulating the plan. This committee was composed of five management representatives, two hourly employees who were members of the Union, but had not been selected by Union, and was planned to include also the two Union designees. Union wholly refused to participate.

Union and Weyerhaeuser engaged in collective bargaining during the months of May and June, 1986, culminating in the agreement of June 20, 1986. Neither side at any time during this process brought up the question of the alcohol and drug awareness policy or program, although both sides were obviously aware that it was an on-going plan of Weyerhaeuser.

Weyerhaeuser presented its draft alcohol and drug testing awareness program to Union on August 29, 1986, and again asked Union to participate with representation on the committee, and to review the draft, and make any suggestions it might have for changes. By letter dated September 5, Union formally declined to participate.

On September 30th, Weyerhaeuser presented to Union its final written draft of the policy with a proposed implementation date of November 1st. Union then filed its initial grievance under the collective bargaining agreement on October 2, and Union filed an unfair labor practice charge with the National Labor Relations Board on October 10, 1986. Weyerhaeuser advanced its implementation date to October 15th, and on that date Union obtained its TRO in state court.

Shop rules presently in effect at Weyerhaeuser's Belleville plant permit discipline of employees, including discharge, ...


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